Pete 75C Posted October 31, 2013 Share Posted October 31, 2013 I did not have sexual relations with that woman. Well, it must be true then. Link to post Share on other sites More sharing options...
Guest maxthemapman Posted October 31, 2013 Share Posted October 31, 2013 Last time I issued a summons against a company, there was an initial hearing at the local county court in front of a district judge. He strongly urged both parties to come together and attempt to resolve the case amongst ourselves. The court set a date for a second hearing, and on the day provided us with an office on the premises an hour before. We were able to reach an agreement, and this was announced at the second hearing and became a matter of court record, enforcable by law. I am not saying this because it is necessarily what happened here, but simply want to point out that once the legal wheels have turned a certain amount, a pre-trial settlement does become a matter of court, and hence public record. This was just for the small claim track, I might add. Happy to supply court/dates/judge for my own case if anyone really wants to know! PM me!! Link to post Share on other sites More sharing options...
miles73128 Posted October 31, 2013 Share Posted October 31, 2013 I'm pleased you've received this clarification; it's always worth being cautious when making comment on legal proceedings as statements you made could have been considered injurious towards Heljan. Potentially libellous? I find this immature, ill-informed and emotional conjecture a real turn off. Stick to facts only. Link to post Share on other sites More sharing options...
Andy Y Posted October 31, 2013 Share Posted October 31, 2013 Potentially libellous? I find this immature, ill-informed and emotional conjecture a real turn off. [/size] Stick to facts only. [/size] Pardon? I've been trying to get to the facts rather than emotional conjecture. Link to post Share on other sites More sharing options...
miles73128 Posted October 31, 2013 Share Posted October 31, 2013 Pardon? I've been trying to get to the facts rather than emotional conjecture. No, not you Andy, everybody else! Link to post Share on other sites More sharing options...
Torr Giffard LSWR 1951-71 Posted October 31, 2013 Share Posted October 31, 2013 ....a very broad and misplaced statement Miles...human nature seems to be to make up/speculate on what they don't know. Rail Exclusives are the innocent party here and deserve to have their back watched. If you were in the same situation then you'd be singing a different tune. Dave Link to post Share on other sites More sharing options...
Perchpole Posted October 31, 2013 Share Posted October 31, 2013 Hello, All -I'm sure you'll all be pleased to hear that I am now in full possession of the details concerning this episode. As I have been encouraged to share this information by others in the forum, these are the facts:There was not one case but two. Both were heard at the high court in London before a high court judge.In the first case the judge ruled in favour of RE.In the second, after lengthy legal arguments, Heljan finally decided to settle out of court. Their offer included all the monies paid to them by RE plus their costs for mounting the legal challenge. The offer was accepted, first by RE and then by the judge.Those are the facts. Link to post Share on other sites More sharing options...
frobisher Posted October 31, 2013 Share Posted October 31, 2013 Torr Giffard LSWR 1951-71, on 31 Oct 2013 - 18:10, said: Rail Exclusives are the innocent party here and deserve to have their back watched. They are the aggrieved party. As no accusations have been levelled against them the issue of guilt or innocence doesn't enter into it. When discussing legal proceedings, terms have very particular meaning which is what has caused some of the kerfuffle in this thread. "Taking to court" is not a homonym for "Started legal proceedings against" despite common usage. Just to be clear, this does not belittle what Rail Exclusives have achieved in any way. Will this have an effect on Heljan and also how they approach commissions in the future? Almost certainly. Will it affect companies approaching Heljan for commissions? Undoubtedly. Did Rail Exclusives do the right thing? Yes. Will it have negative effects for others? Possibly. Who carries the blame for that? It's actually not important. Link to post Share on other sites More sharing options...
Andy Y Posted October 31, 2013 Share Posted October 31, 2013 No, not you Andy, everybody else! Phew! Link to post Share on other sites More sharing options...
miles73128 Posted October 31, 2013 Share Posted October 31, 2013 ....a very broad and misplaced statement Miles...human nature seems to be to make up/speculate on what they don't know. Rail Exclusives are the innocent party here and deserve to have their back watched. If you were in the same situation then you'd be singing a different tune. Dave Really? Do you know? Have you the facts? I think you are making exactly the point. "human nature seems to be to make up/speculate on what they don't know". They shouldn’t! Are Rail Exclusive innocent? I don’t know. Until anybody is in possesion of all the facts anything else is conjecture. What I find annoying is that so many (not all) comments here are subjective (ill-informed) opinion. Link to post Share on other sites More sharing options...
Torr Giffard LSWR 1951-71 Posted October 31, 2013 Share Posted October 31, 2013 ....actually yes...I've had all of these facts for some time but had been asked to keep them to myself. As for ill informed...you appear to be guilty. Dave Link to post Share on other sites More sharing options...
miles73128 Posted October 31, 2013 Share Posted October 31, 2013 ....actually yes...I've had all of these facts for some time but had been asked to keep them to myself. As for ill informed...you appear to be guilty. Dave LoL, Oh it's a secret! Good grief! Yer I'm ill-imformed, thats why I haven't offererd an opinion. Link to post Share on other sites More sharing options...
lapford34102 Posted October 31, 2013 Share Posted October 31, 2013 Well now that's all been cleared up where does it leave us....? The RE 33 will appear as Phil is passionate about this project but the timescale involved probably best solved with a crystal ball at this stage. Heljan a free to turn out any 33's they feel will sell. If they have a stand at Warley might be interesting to see if they have any future plans for the class. Stu Link to post Share on other sites More sharing options...
Torr Giffard LSWR 1951-71 Posted October 31, 2013 Share Posted October 31, 2013 ...and guess who is waiting to take another bite out of them if they use the RE spec? Dave Link to post Share on other sites More sharing options...
Andy Y Posted October 31, 2013 Share Posted October 31, 2013 ...and guess who is waiting to take another bite out of them if they use the RE spec? Dave Hang on a minute; you said: However, the only people who should be interested in this are Phil's customers...and he has communicated with them individually. And you've just upped the ante by lobbing in a massive speculative grenade! Link to post Share on other sites More sharing options...
Pete 75C Posted October 31, 2013 Share Posted October 31, 2013 Well now that's all been cleared up I fear it's far from cleared up. I foretell more bickering. I fear it's far from cleared up. I foretell more bickering. Wait for it... Link to post Share on other sites More sharing options...
Andy Y Posted October 31, 2013 Share Posted October 31, 2013 I fear it's far from cleared up. I foretell more bickering. I think you're right so I'll close this off as I think it's wise before anyone else blows their own toes off. If there's anything of factual substance arising I'll post or folks can drop me a PM for inclusion where appropriate. Link to post Share on other sites More sharing options...
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